A letter to the members'
of Felter v. Kempthorne
From Dennis Chappabitty
October 5, 2007
Dear Felter Plaintiffs:
I wanted to let all ofyou Plaintiffs know where the Felter lawsuit against the United States of America stands at this time. Everyone of you needs to get excited about your extremely significant case! I am speaking deep from my heart when I say that you must keep contributing to the litigation fund. In the past, I have pointed out that many of you have not paid anything at all and some of your accounts are not paid in full. We have had to threaten some of you to pay on your accounts or be removed from the case. I do not like griping to any ofyou about paying your share to keep the case going full steam ahead but we cannot let your case lose momentum because our litigation funds dry up.
I am very excited about filing our Opposition to the Defendant United States' Renewed Motion to Dismiss our case. I spent many hours of research and writing over the last several weeks. I believe the legal brief filed on your behalf on September 27,2007 was well-written and strong in arguing to U.S. District Court Judge Roberts that Felter cannot be dismissed. I can tell you that a brief of this nature and length would cost upwards of $13,000 or more if another law firm were handling your case. I have not even charged a fraction ofthis amount.
I can say with confidence that the legal brief that we filed will withstand the Defendant's challenge against this case. Because of the cost in mailing the brief to everyone, we have decided to only send it to the heads of the families.
You must all know that I will be continuing to advocate on your behalf with members of Congress during a planned trip in December. We have kept up efforts to "educate" Congress about the necessity of drafting legislation to repeal the Ute Termination and Partition Act. I have told you that we must take the Congressional approach while we are aggressively litigating the Felter case. The cost for this trip takes money because of the higher cost and expenses one can expect to pay in Washington, D.C. for lodging, food and other expenses while walking the halls of Congress on your behalf.
As your "Counsel of Record", I am issuing yet another heartfelt personal plea to each of you to keep on contributing to the litigation fund. I give my warmest thanks to those of you who have been so dedicated to the Felter case to keep contributing to the fund. For those of you who have not paid or kept your accounts current, all I can say is that you need to look deep into the situation and ask yourself if you are really committed to our Journey for Justice. If you are not, then don't pay and we will take steps with the Court to take you off and say "good bye".
Please send all of your contributions to Oranna Felter; P.O. 465, Ft. Duchesne, UT 84026 by November 1,2007. At that time, I will prepare a list of persons who have not paid or kept their accounts current and proceed to file a request to the Court to strike these names from the case.
Keep your Spirits up and stay strong and straight with your Prayers! We cannot let anything get in our way in walking forward on the Journey for Justice.
Dennis G. Chappabitty
Counsel of Record in Felter